I withdraw my [post=15781895]Brabrant Election Article[/post]. Other Articles have made it redundant.
Loewen Parliament Proposal: Aye
Bishop Van Buskirk, indeed there should be some special rights for the clergy, but I think your proposal gives too many rights, and thereby hampers the functioning of the government and the rule of law. I would like to propose this alternative proposal:
- Maximiliaan van Brabant, Delegate of Antwerp
I say to you Mister van Brabant the same as I said to the Bishop, consider changing your proposal to cover all accepted Christian denominations. Affording special privileges to only Catholic priests discriminates me and other non-Catholics in the same way that the Dutch discriminated you.
- L. Percival Willems-Hopegood, Delegate-at-Large
Loewen Executive Proposal: Aye
Fundamentally, do not listen to those who ask the restriction of universal suffrage. We have given them much, and yet all they do is ask for more. We must remain firm. Our revolution occurred in large part because of treacherous Dutch attempts to deny us our voting rights. Let us not fall into the same tyranny by implementing any restrictions on suffrage. Equal suffrage for all, I say!
Monseiur Daret, your Bill of Rights is still an excellent document in all respects but one. I must say that clause V.a, as written, is simply too rife with potential for abuse as written. An unscrupulous government would surely find ways to misuse this provision, and that is a check that I feel both the liberals and monarchists can support. I would either strike said article entirely or enumerate the most specific threats as below:
V.a Government censorship of the press may only occur upon the issuance of a warrant, at the request of the [lower house] by a majority vote and approval by the Supreme Court, and only in the following cases:
- Speech promoting the dissolution of the Belgian state into separate states or the secession of any part of the Belgium state
- Speech advocating the annexation of Belgium or parts of Belgium by any foreign power
- Speech advocating the persecution of any ethnic, national or religious minority within Belgium
I think that Senatorial review is more than enough for higher court appointments, however. Both the executive and legislature are already involved deeply in the process as is, and allowing the King control over appointments is only going to stuff the courts with men loyal to the King. Justice is blind, gentlemen. No one - not the clergy, not the aristocracy, not the king, no one - must be above the law.
Finally, I must turn my attention to the proposal of Bishop van Buskirk. All clauses therein except the last, which is of course implicit in the nature of any Bill of Rights, are totally unacceptable.
Article I is either already guaranteed under the mandate of freedom of religion in the Bill of Rights or infringing upon it, depending on whether the Gospel is preached peacefully or, shall we say, aggressively. As you are an honorable man, I will assume the former. That being the case, such a mandate is superfluous. If were were to entertain the idea that it is the latter, then that would infringe on the freedom of others to practice religions of their choice. We personally may be Catholics, monseiur, but there are Protestants and Jews among the Belgian people as well. They are as much entitled to freedom of religion as anyone, and preventing potentially unscrupulous forces from using dishonorable means to "spread the gospel" to them must be a right reserved by the state.
I will return to Article II in a moment.
Article III is absurd, frankly. What would you think if an unscrupulous, fabulously wealthy businessman had a convenient "change of heart" and joined the clergy for tax purposes? Not only is there potential for such abuse but it shatters the idea of equality before the law. As all men are equal before God, all are equal before the law, including tax law. I am no supporter of high taxes, infringing on personal freedom and the advancement out of squalor as they are, but do support a tax regime that affects all citizens to some degree, for the sake of fairness. If I proposed an article eliminating taxes on merchants, for example, it would be good for me, but it would not be fair. I follow the same logic here.
Article IV also violates equality before the law. I do not frankly understand the purpose of such a tribunal, but it must not be made to have any legal weight. If the church wants a tribunal, it may hold one - on private grounds, with private money, and neither dispensing nor recommending any form of vigilante justice other than what is strictly within the Church's power to do, such as removing a man from his clerical office. The clergy are valuable citizens of Belgium. Thus, they are just like everyone else.
Finally, with regards to Article II, I will simply respond by telling a story.
Two years ago, I was a sergeant in the revolutionary forces. (I would be a captain by the war's end, but that was not the case yet.) We had met the Dutch in a pitched battle about a day's march south of Hainaut. We were marching back to camp to tend to the wounded, when I saw a man under a friend's command being taken to a medical tent. I had seen him around camp before - he looked old enough to be my father and seemed to be badly wounded. Curious, I walked into the medical tent to speak to him. The doctors said he would be dead in an hour and there was little they could do. The old man asked if I was a priest. I shook my head and turned to leave, assuming he wanted one, when he motioned me to stay. He told me that his name was Gunther - a German immigrant, I believe - and he was from a village in East Flanders called Bruhl that was home to a little over one hundred people, including fifty-two men. When he heard that the revolution came, he and every other man in his village had joined up. He said that his country meant enough to him that he would take the risk of signing himself and his village off to doom if it meant he could see his homeland be free. He told me how he prayed that his village could soon return home to build a better life once we had our freedom.
He sighed and told me he was the last one from his village left. I didn't know what to say.
The doctors came back in with a chaplain to give the man his last rites. I left to give them their privacy. It was only the next day I learned that, miraculously, he had survived the night. The shrapnel had not moved in towards his heart but stopped short, allowing the doctors to remove it. The surgeons got him walking in two weeks and he was discharged to go home to Bruhl. For lack of a better word, he was saved by the grace of God.
Why did I tell you all this? If Gunther can sacrifice his entire village, his entire way of life, for the cause of our great nation, must not every man do his part? We do not ask of the clergy to enter combat. We ask them to give as all other Belgian men must do - the gift of their service, valuable as any other. Would a man of God ask for any less than the ability to serve those who need it most? War tears towns apart. Everyone is hurt, and it is the only honorable thing to do to have everyone serve to try to end the pain as quickly as possible. I know that their roles are crucial, but can it be said that any other man in the village is less crucial? Is that a Christian way to live? Bishop, I have seen my friends torn apart by artillery fire and I have heard men howl into the night to be put out of their misery. Do you think anyone wants that as their lot in life? I could have stayed in Orleans after university as a successful businessman with a wonderful lady-friend and more material wealth than I could have ever dreamed of as a boy. Instead, I chose not to abandon my country and my countrymen in their hour of need. I know you claim that you are needed at home. So are so many good men who died, and we are not even asking you to risk your lives as they had. Did Jesus serve the needy from far away? No, he mingled with them, lived with them, and fought for them. He served by example. All we ask is that the clergymen of Belgium do the same.
I must now retire for the evening. Good night, gentlemen.
Savarin walks out of the convention hall, exhausted and visibly shaking from lack of sleep.
In my opinion all high ranking government officials should support themselves. Taking salary from the State is the same as taking bribes.
My Lord, is it not that kind of attitude from the majority that led to the situation which caused the revolution? Are we not better than the King of the Netherlands and his cronies? Roman Catholicism is not only the state faith but it is also to be that of our King. I merely ask that you treat Anglicans like myself and other non-Catholics with the same respect that you wished for from our former Dutch masters.Sir, vast majority of our citizens are Roman Catholics. And our state religion will be Roman Catholicism. We are not going to discriminate anyone, but it is natural, that the church of the majority should get some privileges and support.
- Charles, Prince de Ligne
Joint Bill of Rights V3
I. All people born in Belgian territory, or having at least one parent who is a citizen, have the right to claim Belgium citizenship. In the event of a person with a Belgian parent being born outside the country, they must apply for citizenship, but when granted it they shall be a full citizen.
II. Immigrants and other non-Belgians can apply for Belgian citizenship after having lived, and worked, in Belgium for a period of no less than ten years. Marriage to a Belgian citizen does not qualify one as being a Belgian citizen themselves.
III. All men will be viewed as equal under the law, with no prejudice based on race, social class, or beliefs.
IV. The state religion of Belgium shall be Roman Catholicism, but all religions shall be protected under the law, and the people of Belgium shall have the right to freedom of religion and worship.
V. All people shall have a right to freedom of speech, freedom of the press, and the right to assemble, which shall not be abridged.
a. Government censorship of the press may only occur upon the issuance of a warrant, at the request of the lower house by a majority vote and approval by the Supreme Court, and only in the following cases:
- Speech promoting the dissolution of the Belgian state into separate states or the secession of any part of the Belgium state
- Speech advocating the annexation of Belgium or parts of Belgium by any foreign power
- Speech advocating the persecution of any ethnic, national or religious minority within Belgium
VI. All people have a right to their property. It may not be seized by the government except in cases of it being illegally obtained, or for use as evidence in legal proceedings, after which it must be returned to its rightful owner. In order for property to be seized a judge must issue a warrant clearly providing an explanation as to why.
VII. A reasonable right to privacy held by all citizens, and no search may occur, except in the cases directly defined by the law.
VIII. The right to a trial by a jury of peers shall be preserved under all circumstances, no matter the crime.
IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
((Darn it, what's the proper style for a Prince again?))
I have revised the Bill of Rights to better protect Freedom of Speech and Press, and am eager to hear what you think. Can I assume that since no one commented on the citizenship article there are no major issues with it?
Clause V is very dangerous now. We clearly need more cases, in which the press can be censored. For example, according to this edition, materials promoting overthrow of our monarchy, lese majeste, hatred and calls for agression against different classes of society, blasphemy and pornography will be quite legal, and will not be censored. This gives great opportunities to the radicals of all kinds.
- Charles, Prince de Ligne
Clause V is very dangerous now. We clearly need more cases, in which the press can be censored. For example, according to this edition, materials promoting overthrow of our monarchy, lese majeste, hatred and calls for agression against different classes of society, blasphemy and pornography will be quite legal, and will not be censored. This gives great opportunities to the radicals of all kinds.
- Charles, Prince de Ligne
- Speech promoting the dissolution of the Belgian state into separate states or the secession of any part of the Belgium state
- Speech advocating the annexation of Belgium or parts of Belgium by any foreign power
- Speech advocating the persecution of any ethnic, national or religious minority within Belgium
- Speech advocating the overthrow of the Monarch by force of arms ((Since the monarch can be removed in some bills I don't want to make it impossible to vote out the monarch, so I specify force of arms))
- Speech advocating violence against specific classes of society
Monsieur de Graaf, does the fact that the king would have appointing powers in all three branches of government not worry you? What about the PM appoints the justices and the UH approves them.
Delegate from Liège, Michel Daret
How about the following
I don't intend to make it illegal to hate different classes, but stopping people from advocating violence based on class is fair. I will not include morality clauses such as censorship of blasphemy and pornography directly in the constitution. They do not pose a risk to the lives of Belgians or the unity of the Belgian nation.
Alternatively would people rather go to the original proposal that just said actively trying to harm or dismantle the nation will not be protected, and then allow legislation to define that speech. This is a tricky issue due to some speech being very dangerous to the integrity and unity of the nation, yet if it is left too open ended people could block speech that just disagrees with the government.
Delegate from Liège, Michel Daret
Clause V is very dangerous now. We clearly need more cases, in which the press can be censored. For example, according to this edition, materials promoting overthrow of our monarchy, lese majeste, hatred and calls for agression against different classes of society, blasphemy and pornography will be quite legal, and will not be censored. This gives great opportunities to the radicals of all kinds.
- Charles, Prince de Ligne
I can't support anything involving the Upper House until we know if the Upper House will be a honorable gathering of gentlemen, or a Jacobin lynch mob.
Joint Bill of Rights V4
I. All people born in Belgian territory, or having at least one parent who is a citizen, have the right to claim Belgium citizenship. In the event of a person with a Belgian parent being born outside the country, they must apply for citizenship, but when granted it they shall be a full citizen.
II. Immigrants and other non-Belgians can apply for Belgian citizenship after having lived, and worked, in Belgium for a period of no less than ten years. Marriage to a Belgian citizen does not qualify one as being a Belgian citizen themselves.
III. All men will be viewed as equal under the law, with no prejudice based on race, social class, or beliefs.
IV. The state religion of Belgium shall be Roman Catholicism, but all religions shall be protected under the law, and the people of Belgium shall have the right to freedom of religion and worship.
V. All people shall have a right to freedom of speech, freedom of the press, and the right to assemble, which shall not be abridged.
a. The Freedom of the Press shall be moderately restricted by the Government, but only in the case of actively trying to dismantle or otherwise seriously harm the Belgian state. Political dissension and disagreement with government practices are still protected forms of speech. ((The definition will be better defined through legislation at a later date))
VI. All people have a right to their property. It may not be seized by the government except in cases of it being illegally obtained, or for use as evidence in legal proceedings, after which it must be returned to its rightful owner. In order for property to be seized a judge must issue a warrant clearly providing an explanation as to why.
VII. A reasonable right to privacy held by all citizens, and no search may occur, except in the cases directly defined by the law.
VIII. The right to a trial by a jury of peers shall be preserved under all circumstances, no matter the crime.
IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
I say we revert to the original wording. I believe it was something along the lines of 'works/statements that actively harm the Belgian state and people', and we then proceed to define that in later legislation. ((Sorta like Thunder mentions in that constitution-writing guide of him. We need not include everything in the constitution.))
~ Sébastien Delcroix, Bishop of Brabant
In what world would the UH be a "Jacobin lynch mob" Right now the leading proposal has it being half appointed by the PM and half by the Monarch, with veto power over each other. It isn't even as if the UH is being elected by the people, this reactionary monarchist philosophy that giving the people a say in how they are ruled will lead to lynch mobs and anarchy is ridiculous.
Delegate from Liège, Michel Daret